AFS-11-433-E 

October 28, 2011 

 Exemption No. 10379 

 Regulatory Docket No. FAA-2011-0906 

Mr. Gregg Johnson 

Director of Standards & Compliance 

Epps Air Service, Inc. 

1 Aviation Way, DeKalb-Peachtree Airport 

Atlanta, GA 30341 

Dear Mr. Johnson: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated August 18, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Epps Air Service, Inc. (Epps), for an exemption from § 43.3(g) of Title 14, Code 

of Federal Regulations (14 CFR). This exemption, if granted, would allow Epps’ properly 

trained pilots (under an approved training program) to accomplish supervised updates of 

navigational software databases of installed flight management systems (FMS). 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register, because the FAA has issued a grant of exemption in circumstances 

similar in all material respects to those presented in your petition. 

In Grant of Exemption No. 10286 (copy enclosed), the FAA found that FMS technology has 

evolved sufficiently to support the granting of the applicant’s request for exemption based on 

an equivalent level of safety being attained by pilots loading navigational software databases 

as currently exists with certificated mechanics performing uploads. Database loading of front 

panel and pedestal-mounted FMS does not require special tools, special access, or removal of 

the FMS. Further, FMS perform an internal check and confirm proper loading of navigational 
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databases in most cases. Properly trained pilots can load the software databases and confirm 

the upload was successful. Should the upload attempt be unsuccessful, minimum equipment 

list procedures already exist to safely operate the aircraft with an inoperative FMS. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10286; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10286 

also apply to the situation you present; and 

 for the reasons stated in Grant of Exemption No. 10286, a grant of exemption is in the 

public interest. 

The FAA’s Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Epps Air Service, Inc., an exemption from 

14 CFR § 43.3(g) to the extent necessary to allow Epps’ properly trained pilots (under an 

approved training program) to accomplish supervised updates of navigational software 

databases of installed FMS, subject to the conditions and limitations described below. 

Conditions and Limitations 

1. Pilots will be trained on all specific makes and models of the FMS to which they 

will be uploading navigational software databases. Training on one make and 

model will not enable the pilot to update databases in other makes and models. 

2. Upon successful completion of training, each pilot will be authorized, in writing, by 

the director of maintenance or authorized designee to perform navigational 

software database uploads on systems for which he or she has received training. 

3. The software being uploaded cannot contain system operating software. The 

upload must include the navigational database only. The director of maintenance is 

responsible for ensuring the software being uploaded does not contain operating 

system software. 

4. Epps must have written procedures available to the pilot to perform the task and to 

evaluate the accomplishment of the task, including those tasks that require a 

decision concerning the airworthiness of the aircraft. 

5. Each completed task must include the maintenance log entries, including the name 

of the person performing the upload, the date of the upload, the database revision 

number uploaded, and the aircraft location at the time of upload. 

6. This grant of exemption from § 43.3(g) includes only the uploading of navigational 

software databases as listed in Appendix A to part 43, paragraph (c)(32), and does 
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not extend to other preventive maintenance tasks identified in Appendix A to 

part 43. 

This exemption terminates on October 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

David C. Gilliom 

Acting Deputy Director, Flight Standards 

 Service 

Enclosure